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Journal of the House


First Regular Session, 93rd General Assembly




THIRTY-THIRD DAY, Thursday, March 3, 2005

The House met pursuant to adjournment.


            Speaker Pro Tem Bearden in the Chair.


            Prayer by Father James M. Smith, Associate Pastor, St. Peter Church.


Blessed are You, Lord, God of all creation.

You have shown great favor to Your servants,

the fathers of our nation and our state,

because they behaved faithfully toward You,

with justice and upright hearts;

and You have continued this great favor toward them,

even today, gathering us together in this house of government.

O Lord, our God, You have made us Your servants,

setting us as stewards

who succeed those who established

this great body.

But we are so limited in judgment,

not knowing fully Your will for us.

We serve You in the midst of the people to whom

You have given such great freedom and responsibility,

a people diverse in culture and thought.

Give to Your servants, therefore,

wisdom and an understanding heart

to lead Your people

and to distinguish right from wrong.

For who is able to lead Your people apart from You?

We offer this prayer to You,

Who lives and reigns

supreme over the nations,

supreme among the peoples,

Forever and ever.


(Adapted from Solomon’s Prayer for Wisdom)

I Kings 3:6-9


            The Pledge of Allegiance to the flag was recited.


            The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Harrison Charles Jones, Joe Salmeri, Samantha Everett, Austin Karvis and Kenny Dodson.


            The Journal of the thirty-second day was approved as corrected.

HOUSE RESOLUTIONS


            Representative Fraser, et al., offered House Resolution No. 870.

            Representative Baker (25) offered House Resolution No. 923.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 839

                        through

            House Resolution No. 842 - Representative Lager

            House Resolution No. 843 - Representative Denison

            House Resolution No. 844 - Representative Lager

            House Resolution No. 845 - Representative Jackson

            House Resolution No. 846 - Representative Black

            House Resolution No. 847 - Representative Roorda

            House Resolution No. 848 - Representative Smith (14)

            House Resolution No. 849 - Representative Wright (137), et al.

            House Resolution No. 850 - Representative Dethrow

            House Resolution No. 851 - Representative Robinson

            House Resolution No. 852

                        through

            House Resolution No. 854 - Representative Moore

            House Resolution No. 855 - Representative Cooper (158)

            House Resolution No. 856 - Representative Pratt

            House Resolution No. 857 - Representative Cooper (158)

            House Resolution No. 858 - Representative Jetton

            House Resolution No. 859

                        and

            House Resolution No. 860 - Representative Harris (110)

            House Resolution No. 861 - Representative Smith (14)

            House Resolution No. 862 - Representative Weter

            House Resolution No. 863

                        through

            House Resolution No. 869 - Representative Jetton

            House Resolution No. 871 - Representative Salva

            House Resolution No. 872 - Representative Hubbard

            House Resolution No. 873 - Representative Stevenson

            House Resolution No. 874 - Representative Munzlinger

            House Resolution No. 875 - Representative Donnelly

            House Resolution No. 876 - Representative Cooper (158)

            House Resolution No. 877

                        through

            House Resolution No. 888 - Representatives Bivins and Lembke



            House Resolution No. 889

                        through

            House Resolution No. 902 - Representative Lembke

            House Resolution No. 903

                        through

            House Resolution No. 916 - Representatives Bivins and Schoemehl

            House Resolution No. 917 - Representative Lager

            House Resolution No. 918 - Representatives Avery and Tilley

            House Resolution No. 919 - Representative Kratky

            House Resolution No. 920 - Representatives Wagner and Robinson

            House Resolution No. 921 - Representative Walsh

            House Resolution No. 922 - Representative Flook

            House Resolution No. 924 - Representative Johnson (61), et al.

            House Resolution No. 925

                        and

            House Resolution No. 926 - Representative Witte


SECOND READING OF HOUSE BILLS


            HB 685 through HB 700 were read the second time.


THIRD READING OF HOUSE BILLS - CONSENT


            HB 248, relating to motor vehicle time sales, was taken up by Representative Pearce.


            On motion of Representative Pearce, HB 248 was read the third time and passed by the following vote:


AYES: 132

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Baker 25

Barnitz

Bearden

Bivins

Black

Bland

Bowman

Brown 30

Brown 50

Bruns

Byrd

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Davis

Day

Dempsey

Denison

Dethrow

Dixon

Dougherty

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

George

Goodman

Guest

Harris 110

Harris 23

Haywood

Hobbs

Hoskins

Hughes

Hunter

Icet

Jackson

Johnson 47

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

LeVota

Liese

Lipke

Loehner

Lowe 44

Marsh

May

McGhee

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Roorda

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Schlottach

Schoemehl

Selby

Self

Shoemyer

Skaggs

Smith 118

Smith 14

Spreng

Stefanick

Stevenson

St. Onge

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Vogt

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright-Jones

Wright 137

Wright 159

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 019

 

 

 

 

 

 

 

 

 

Bringer

Burnett

Chappelle-Nadal

Darrough

Daus

Donnelly

El-Amin

Henke

Johnson 90

Jolly

Lampe

Lembke

Low 39

Robinson

Rucker

Storch

Villa

Whorton

Yaeger

 

 

 

 

 

 

PRESENT: 004

 

 

 

 

 

 

 

 

 

Boykins

Brooks

Johnson 61

Oxford

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

 

Bean

Behnen

Deeken

Dusenberg

Hubbard

Meadows

Schneider

 

 

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


            HCS HB 297, relating to school accountability report cards, was taken up by Representative Pearce.


            On motion of Representative Pearce, HCS HB 297 was read the third time and passed by the following vote:


AYES: 152

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Baker 25

Barnitz

Bearden

Bivins

Black

Bland

Bowman

Boykins

Bringer

Brooks

Brown 30

Brown 50

Bruns

Burnett

Byrd

Chappelle-Nadal

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

George

Goodman

Guest

Harris 110

Harris 23

Henke

Hobbs

Hoskins

Hughes

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McGhee

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Pearce

Phillips

Pollock

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Roorda

Rucker

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Schlottach

Schoemehl

Selby

Self

Shoemyer

Skaggs

Smith 118

Smith 14

Spreng

Stefanick

Stevenson

Storch

Sutherland

Swinger

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright-Jones

Wright 137

Wright 159

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 002

 

 

 

 

 

 

 

 

 

St. Onge

Whorton

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 008

 

 

 

 

 

 

Bean

Behnen

Dusenberg

Haywood

Hubbard

Liese

Meadows

Schneider

 

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


REFERRAL OF HOUSE RESOLUTION


HR 569 - Elementary and Secondary Education


REFERRAL OF HOUSE JOINT RESOLUTIONS


HJR 7 - Elections

HJR 14 - Elections

HJR 20 - Elementary and Secondary Education

HJR 21 - Small Business


REFERRAL OF HOUSE CONCURRENT RESOLUTIONS


HCR 16 - Veterans

HCR 23 - Health Care Policy

HCR 24 - Elementary and Secondary Education

HCR 25 - Elementary and Secondary Education


REFERRAL OF HOUSE BILLS


HB 70 - Ways and Means

HB 105 - Special Committee on General Laws

HB 113 - Transportation

HB 249 - Crime Prevention and Public Safety

HB 301 - Local Government

HB 332 - Crime Prevention and Public Safety

HB 415 - Local Government

HB 515 - Tourism

HB 555 - Special Committee on General Laws

HB 562 - Small Business

HB 590 - Corrections and Public Institutions

HB 591 - Elementary and Secondary Education

HB 612 - Transportation

HB 613 - Small Business

HB 614 - Corrections and Public Institutions

HB 615 - Judiciary

HB 616 - Local Government

HB 617 - Conservation and Natural Resources

HB 618 - Transportation

HB 619 - Corrections and Public Institutions

HB 620 - Health Care Policy

HB 622 - Insurance Policy

HB 623 - Retirement

HB 624 - Retirement

HB 625 - Retirement

HB 626 - Health Care Policy

HB 627 - Budget

HB 629 - Job Creation and Economic Development

HB 630 - Judiciary

HB 632 - Transportation

HB 633 - Crime Prevention and Public Safety

HB 634 - Transportation

HB 635 - Transportation

HB 636 - Health Care Policy

HB 637 - Workforce Development and Workplace Safety

HB 638 - Special Committee on Urban Issues

HB 640 - Utilities

HB 641 - Crime Prevention and Public Safety

HB 642 - Conservation and Natural Resources

HB 643 - Judiciary

HB 645 - Children and Families

HB 646 - Senior Citizen Advocacy

HB 647 - Financial Institutions

HB 648 - Agriculture Policy

HB 649 - Senior Citizen Advocacy

HB 650 - Children and Families

HB 651 - Small Business

HB 652 - Professional Registration and Licensing

HB 653 - Transportation

HB 654 - Insurance Policy

HB 656 - Senior Citizen Advocacy

HB 657 - Health Care Policy

HB 658 - Agriculture Policy

HB 659 - Insurance Policy

HB 660 - Conservation and Natural Resources

HB 661 - Corrections and Public Institutions

HB 662 - Professional Registration and Licensing

HB 663 - Senior Citizen Advocacy

HB 664 - Professional Registration and Licensing

HB 665 - Professional Registration and Licensing

HB 666 - Agriculture Policy

HB 667 - Insurance Policy

HB 668 - Insurance Policy

HB 670 - Professional Registration and Licensing

HB 671 - Health Care Policy

HB 676 - Elections

HB 677 - Judiciary

HB 678 - Judiciary

HB 680 - Agriculture Policy

HB 681 - Senior Citizen Advocacy

HB 682 - Small Business

HB 683 - Children and Families

HB 684 - Crime Prevention and Public Safety

HB 688 - Judiciary


REFERRAL OF SENATE BILL


SB 86 - Judiciary


COMMITTEE REPORTS


            Committee on Health Care Policy, Chairman Cooper (155) reporting:


            Mr. Speaker: Your Committee on Health Care Policy, to which was referred HB 232, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Mr. Speaker: Your Committee on Health Care Policy, to which was referred HB 397, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Committee on Judiciary, Chairman Byrd reporting:


            Mr. Speaker: Your Committee on Judiciary, to which was referred HB 208, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Mr. Speaker: Your Committee on Judiciary, to which was referred HB 567, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Committee on Local Government, Chairman Johnson (47) reporting:


            Mr. Speaker: Your Committee on Local Government, to which was referred HB 342, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Mr. Speaker: Your Committee on Local Government, to which was referred HB 344, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Mr. Speaker: Your Committee on Local Government, to which was referred HB 448, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Committee on Senior Citizen Advocacy, Chairman Bruns reporting:


            Mr. Speaker: Your Committee on Senior Citizen Advocacy, to which was referred HB 231, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Committee on Rules, Chairman Cooper (120) reporting:


            Mr. Speaker: Your Committee on Rules, to which was referred HB 48, begs leave to report it has examined the same and recommends that it Do Pass, with a time limit of 30 minutes for debate on Perfection.


            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 186, begs leave to report it has examined the same and recommends that it Do Pass, with no time limit for debate.


            Mr. Speaker: Your Committee on Rules, to which was referred HB 269, begs leave to report it has examined the same and recommends that it Do Pass by Consent, with no time limit for debate.


            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 348, begs leave to report it has examined the same and recommends that it Do Pass, with no time limit for debate.


            Mr. Speaker: Your Committee on Rules, to which was referred HB 361, begs leave to report it has examined the same and recommends that it Do Pass by Consent, with no time limit for debate.


            Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 580, begs leave to report it has examined the same and recommends that it Do Pass by Consent, with no time limit for debate.




INTRODUCTION OF HOUSE BILLS


            The following House Bills were read the first time and copies ordered printed:


HB 701, introduced by Representative Richard, relating to state tax increment financing.


HB 702, introduced by Representative Behnen, relating to licensed clinical social workers and licensed baccalaureate social workers.


HB 703, introduced by Representatives Shoemyer, Barnitz, Bringer, Henke, Witte and Rucker, relating solely to the creation of a tax credit for service station owners who sell ethanol.


HB 704, introduced by Representatives Shoemyer, Chappelle-Nadal, Darrough, Wildberger, Corcoran, Lowe (44), Burnett, Witte, Meadows, George, Oxford, Brown (50), Bringer, Rucker, Fraser, Spreng, Walsh, Swinger, Henke, Baker (25), Low (39), LeVota and Bowman, relating to financial incentives for employers.


HB 705, introduced by Representative Fraser, relating to salvage vehicles.


HB 706, introduced by Representatives Quinn, Sander, Hobbs, Whorton, LeVota, Schad, Jones, Wallace, Munzlinger, Shoemyer, Harris (110), Brown (30), Parson, Chinn and Nance, relating to hand fishing.


HB 707, introduced by Representatives Cunningham (145) and Byrd, relating to banking.


HB 708, introduced by Representative Yates, for the sole purpose of repealing certain expired, sunset, terminated, and ineffective statutory provisions.


HB 709, introduced by Representatives Fraser, Parker, Johnson (61), Wright-Jones, Oxford, Chappelle-Nadal, Baker (25), Wildberger and Donnelly, relating to domestic violence offenses.


HB 710, introduced by Representatives Faith and Bearden, relating to pawnbrokers.


HB 711, introduced by Representatives Nolte, Phillips, Nance, Wright (137), Wilson (119), Moore, Wood, Day, Brown (30), Wells, Weter and Jackson, relating to state purchasing.


HB 712, introduced by Representatives Cooper (158) and Meadows, relating to probation and parole officers.


HB 713, introduced by Representative Cooper (158), relating to aviation.


HB 714, introduced by Representative Cooper (158), relating to proceedings before trial in criminal cases involving a change of venue.


HB 715, introduced by Representative Cooper (158), relating to endangering the welfare of a child in the first degree.


HB 716, introduced by Representative Cooper (158), relating to endangering the welfare of a child in the second degree.


HB 717, introduced by Representative Rupp, relating to cafeteria plans for state employees.


HB 718, introduced by Representative Lembke, relating to court costs.


            The following members’ presence was noted: Hubbard and Schneider.


ADJOURNMENT


            On motion of Representative Dempsey, the House adjourned until 4:00 p.m., Monday, March 7, 2005.


CORRECTIONS TO THE HOUSE JOURNAL


AFFIDAVITS


I, State Representative Amber Boykins, District 60, hereby state and affirm that my vote as recorded on the motion to third read and pass HB 248 in the House Journal for Thursday, March 3, 2005 showing that I voted present was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that I voted aye. I further state and affirm that I was present in the House Chamber at the time this vote was taken, I did in fact vote, and my vote or absence was incorrectly recorded.


IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 3rd day of March 2005.


                                                                                                    /s/ Amber Boykins

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )


Subscribed and sworn to before me this 3rd day of March in the year 2005.


                                                                                                    /s/ Stephen S. Davis

                                                                                                         Chief Clerk

___________


I, State Representative Al Liese, District 79, hereby state and affirm that my vote as recorded on the motion to third read and pass HCS HB 297 in the House Journal for Thursday, March 3, 2005 showing that I voted absent was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that I voted aye. I further state and affirm that I was present in the House Chamber at the time this vote was taken, I did in fact vote, and my vote or absence was incorrectly recorded.


IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 3rd day of March 2005.


                                                                                                    /s/ Al Liese

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )




Subscribed and sworn to before me this 3rd day of March in the year 2005.


                                                                                                    /s/ Stephen S. Davis

                                                                                                         Chief Clerk

___________


            Correct House Journal, Thirty-second Day, Wednesday, March 2, 2005, Pages 448 through 450, by deleting House Amendment No. 1 in its entirety, and inserting in lieu thereof the following:


House Amendment No. 1


AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 1 & 130, Page 1, In the Title, Line 6, by inserting after the word "provisions" the following:


              ", and an effective date for certain sections"; and


              Further amend said bill, Page 6, Section 287.067, Lines 18 and 19, by deleting the phrase "recognized as an occupational disease for the purposes of this chapter"; and


              Further amend said bill, Page 7, Section 287.067, Line 37, by inserting after the phrase "oxygen, of" the following:


              "paid"; and


              Further amend said bill, Page 7, Section 287.067, Line 37, by inserting at the end of said line the following:


              "paid"; and


              Further amend said bill, Page 7, Section 287.067, Line 46, by deleting "with a prior" and inserting in lieu thereof the following:


              "with [a] the immediate prior"; and


              Further amend said bill, Section 287.128, Pages 11-13, Lines 1-78, by deleting all of said section and inserting in lieu thereof the following:


              "287.128. 1. It shall be unlawful for any person to [:

              (1)] knowingly present or cause to be presented any false or fraudulent claim for the payment of benefits pursuant to a workers’ compensation claim[;].

              [(2)] 2. It shall be unlawful for any insurance company or self-insurer in this state to knowingly and intentionally refuse to comply with known and legally indisputable compensation obligations with intent to defraud.

              3. It shall be unlawful for any person to:

              (1) Knowingly present multiple claims for the same occurrence with intent to defraud;

              [(3) Purposefully prepare, make or subscribe to any writing with intent to present or use the same, or to allow it to be presented in support of any false or fraudulent claim;

              (4)](2) Knowingly assist, abet, solicit or conspire with:

              (a) Any person who knowingly presents any false or fraudulent claim for the payment of benefits;

              (b) Any person who knowingly presents multiple claims for the same occurrence with an intent to defraud; or

              (c) Any person who purposefully prepares, makes or subscribes to any writing with the intent to present or use the same, or to allow it to be presented in support of any such claim;

              [(5)](3) Knowingly make or cause to be made any false or fraudulent claim for payment of a health care benefit;

              [(6)](4) Knowingly submit a claim for a health care benefit which was not used by, or on behalf of, the claimant;

              [(7)](5) Knowingly present multiple claims for payment of the same health care benefit with an intent to defraud;

              [(8)](6) Knowingly make or cause to be made any false or fraudulent material statement or material representation for the purpose of obtaining or denying any benefit;

              [(9)](7) Knowingly make or cause to be made any false or fraudulent statements with regard to entitlement to benefits with the intent to discourage an injured worker from making a legitimate claim;

              (8) Knowingly make or cause to be made a false or fraudulent material statement to an investigator of the division in the course of the investigation of fraud or noncompliance. For the purposes of subdivisions (6), (7), and (8) [and 9] of this subsection, the term "statement" includes any notice, proof of injury, bill for services, payment for services, hospital or doctors records, X ray or test results.

              [2. It shall be unlawful for any insurance company or self-insurer in this state to:

              (1) Intentionally refuse to comply with known and legally indisputable compensation obligations;

              (2) Discharge or administer compensation obligations in a dishonest manner; and

              (3) Discharge or administer compensation obligations in such a manner as to cause injury to the public or those persons dealing with the employer or insurer.

              3.] 4. Any person violating any of the provisions of subsections 1 [and] or 2 of this section [or section 287.129,] shall be guilty of a class [A misdemeanor and,] D felony. In addition, the person shall be liable to the state of Missouri for a fine [not to exceed] up to ten thousand dollars or double the value of the fraud whichever is greater. Any person violating any of the provisions of subsection 3 of this section shall be guilty of a class A misdemeanor and the person shall be liable to the state of Missouri for a fine up to ten thousand dollars. Any person who has previously pled guilty to or has been found guilty of violating any of the provisions of subsections 1, [and] 2 or 3 of this section [or the provisions of section 287.129] and who subsequently violates any of the provisions of subsections 1 [and], 2 or 3 of this section [or the provisions of section 287.129] shall be guilty of a class [D] C felony.

              [4.] 5. It shall be unlawful for any person, company, or other entity to prepare or provide an invalid certificate of insurance as proof of workers’ compensation insurance. Any person violating any of the provisions of this subsection shall be guilty of a class D felony and, in addition, shall be liable to the state of Missouri for a fine up to ten thousand dollars or double the value of the fraud, whichever is greater.

              6. Any person who knowingly misrepresents any fact in order to obtain workers’ compensation insurance at less than the proper rate for that insurance shall be guilty of a class A misdemeanor. Any person who has previously pled guilty to or has been found guilty of violating any of the provisions of this section [or the provisions of section 287.129] and who subsequently violates any of the provisions of this section [or the provisions of section 287.129] shall be guilty of a class D felony.

              [5.] 7. Any employer [failing] who knowingly fails to insure his liability pursuant to this chapter with intent to defraud shall be guilty of a class A misdemeanor and, in addition, shall be liable to the state of Missouri for a penalty in an amount equal to twice the annual premium the employer would have paid had such employer been insured or twenty-five thousand dollars, whichever amount is greater. After January 1, 2006, any person who has previously pled guilty to or has been found guilty of violating any of the provisions of this section [or the provisions of section 287.129] and who subsequently violates any of the provisions of this section [or the provisions of section 287] shall be guilty of a class D felony.

              [6.] 8. Any person may file a complaint alleging fraud or noncompliance with this chapter with a legal advisor in the division of workers’ compensation. The legal advisor shall refer the complaint to the fraud and noncompliance unit within the division. The unit shall investigate all complaints and present any finding of fraud or noncompliance to the director, who may refer the file to the attorney general. The attorney general may prosecute any fraud or noncompliance associated with this chapter. All costs incurred by the attorney general associated with any investigation and prosecution pursuant to this subsection shall be paid out of the workers’ compensation fund. Any fines or penalties levied and received as a result of any prosecution under this section shall be paid to the workers’ compensation fund. Any restitution ordered as a part of the judgment shall be paid to the person or persons who were defrauded.

              9. Any and all reports, records, tapes, photographs, and similar materials or documentation submitted by any person, including the department of insurance, to the fraud and noncompliance unit or otherwise obtained by the unit pursuant to this section, used to conduct an investigation for any violation under chapter 287, shall be considered confidential and not subject to the requirements of chapter 610, RSMo. Nothing in this subsection prohibits the fraud and noncompliance unit from releasing records used to conduct an investigation to the local, state, or federal law enforcement authority or federal or state agency conducting an investigation, upon written request.

              [7.] 10. There is hereby established in the division of workers’ compensation a fraud and noncompliance administrative unit responsible for investigating incidences of fraud and failure to comply with the provisions of this chapter.

              11. Any prosecution for a violation of the provisions of this section or section 287.129 shall be commenced within three years after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself or herself not a party to the offense. As used in this subsection, the term "person who has a legal duty to represent an aggrieved party" shall mean the attorney general or the prosecuting attorney having jurisdiction to prosecute the action.

              12. By January 1, 2006, the attorney general shall forward to the division and the members of the general assembly, the first edition of an annual report of the costs of prosecuting fraud and noncompliance under this chapter. The report shall include the number of cases filed with the attorney general by county by the fraud and noncompliance unit, the number of cases prosecuted by county by the attorney general and county prosecutor, fines and penalties levied and received, and all incidental costs."; and


              Further amend said bill, Section 287.640, Page 32, Lines 1-22, by deleting all of said lines; and


              Further amend said bill, Section 287.715, Page 35, Line 31, by deleting the word "ensuing" and inserting in lieu thereof the following:


              "following"; and


              Further amend said bill, Section 287.715, Page 35, Line 55, by deleting the word "ensuing" and inserting in lieu thereof the following:


              "following"; and


              Further amend said bill, Section 287.808, Page 37, Lines 5 to 8, by deleting all of said lines and inserting in lieu thereof the following:


              "is more likely to be true than not true."; and


              Further amend said bill, Section 287.616, Page 45, Line 9, by inserting after all of said line the following:


              "287.642. The division of workers’ compensation shall create in each of its area offices a public information program to assist all parties involved with an injury or claim under this chapter. [In providing assistance under this section, all of the division’s legal advisors shall also act as public information persons and shall, upon request, meet with or otherwise provide information to employees, employers, insurers and health care providers and shall investigate complaints of possible violations of the provisions of this chapter. The division shall employ two additional legal advisors, one to be located in the St. Louis office and one to be located in the Jefferson City office. Assistance provided under this section shall not include representing the claimant in a compensation hearing provided for in section 287.470.]

              Section B. The repeal and reenactment of sections 287.615 and 287.612, and the repeal of section 287.616 of Section A of this act shall become effective on January 1, 2006."; and


              Further amend said title, enacting clause and intersectional references accordingly.


            Page 468, Line 27, by deleting “HB 174" and inserting in lieu thereof “HCS HB 174".


            Page 468, Line 29, by deleting “HB 215" and inserting in lieu thereof “HCS HB 215".


            Correct House Journal, Twenty-sixth Day, Monday, February 21, 2005, Page 367, Line 20, by inserting immediately after said line the following:


HOUSE CONCURRENT RESOLUTION NO. 15


              WHEREAS, the United States has no integrated nationwide automated system for monitoring the safety history or violation records of Mexican companies and drivers, or a system to verify driver's licenses or drug testing for drivers, and it is therefore difficult for Missouri law enforcement personnel to obtain essential safety data; and


              WHEREAS, if trucks from Mexico are allowed access to the State of Missouri, verification of foreign insurance policies and access to foreign judicial systems will be very difficult when accidents occur, possibly resulting in the delay of settlements and payments to the injured citizens of the State of Missouri; and


              WHEREAS, Mexico does not have labeling of hazardous or toxic cargo which poses a clear and present danger to the security of the State of Missouri if trucks transporting such cargo enter territory of the state without prior inspection at the border of the United States; and


              WHEREAS, large quantities of illegal drugs are smuggled into Missouri from foreign nations, including Mexico:


              NOW, THEREFORE, BE IT RESOLVED that the members of the House of Representatives of the Ninety-third General Assembly, First Regular Session, the Senate concurring therein, hereby urge the Governor of the State of Missouri, the President of the United States, and the members of the United States Congress to oppose any effort to allow trucks to enter the State of Missouri without first being inspected at the border of the United States and Mexico; and


              BE IT FURTHER RESOLVED that the members of the Missouri General Assembly memorializes the Missouri Congressional Delegation to restrict trucks from Mexico and other foreign nations from entering the United States until there is full compliance by the owners and drivers of those trucks with all highway safety, environmental, and drug enforcement laws; and


              BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for Governor Matt Blunt, the Speaker of the United States House of Representatives, and each member of the Missouri Congressional Delegation.


COMMITTEE MEETINGS


AGRICULTURE POLICY

Tuesday, March 8, 2005, 12:00 p.m. Hearing Room 1.

Possible Executive session. AMENDED

Public hearings to be held on: HB 597, HB 369, HB 501, HB 528, HB 563, HB 588

Executive session will be held on: HB 367, HB 305, HB 368, HB 454


APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

Tuesday, March 8, 2005, 8:00 a.m. Hearing Room 4.

Markup for Departments of Agriculture, Natural Resources and Conservation.

Hearing will continue upon afternoon adjournment if necessary.

Executive session may follow.


APPROPRIATIONS - GENERAL ADMINISTRATION

Tuesday, March 8, 2005, 8:00 a.m. Hearing Room 7.

Fringe benefits, Statewide Elected Officials, Department of Revenue,

Office of Administration, Statewide Leasing, Judiciary,

Public Defender and General Assembly.

Executive session may follow.


CORRECTIONS AND PUBLIC INSTITUTIONS

Wednesday, March 9, 2005, 8:00 a.m. Hearing Room 4.

Executive session may follow.

Public hearings to be held on: HB 236, HB 422, HB 446,

HB 453, HB 491, HB 531, HB 631


ELECTIONS

Tuesday, March 8, 2005, 6:00 p.m. Hearing Room 5.

Public hearings to be held on: HB 316, HB 149

Executive session will be held on: HB 280, HB 255, HB 66, HB 525


ETHICS

Monday, March 7, 2005, House Chamber south side gallery upon afternoon adjournment.

Executive session may follow.


HIGHER EDUCATION

Tuesday, March 8, 2005, 12:00 p.m. Hearing Room 4.

Executive session may follow. AMENDED

Public hearing to be held on: HB 440


LOCAL GOVERNMENT

Monday, March 7, 2005, Hearing Room 1 upon afternoon adjournment.

Executive session may follow.

Public hearings to be held on: HB 260, HB 395, HB 577, HB 485


LOCAL GOVERNMENT

Thursday, March 10, 2005, 8:00 a.m. Hearing Room 6.

Executive session will follow.

Public hearings to be held on: HB 450, HB 559, HB 176, HB 558, HB 480


SPECIAL COMMITTEE ON EDUCATION FUNDING

Monday, March 7, 2005, Hearing Room 6 upon afternoon adjournment.

Informational only. Report from Joint Committee.


SPECIAL COMMITTEE ON URBAN ISSUES

Monday, March 7, 2005, Hearing Room 7 upon evening adjournment. AMENDED

Public hearings to be held on: HB 564, HB 638

Executive session will be held on: HB 413, HB 508, HB 374, HB 286


VETERANS

Wednesday, March 9, 2005, 8:00 a.m. Hearing Room 5.

Executive session may follow.

Public hearings to be held on: HB 294, HB 421, HB 522, HB 535, HB 581


WAYS AND MEANS

Monday, March 7, 2005, Hearing Room 3 upon evening adjournment.

Executive session will be held on: HB 209, HB 92


WAYS AND MEANS

Wednesday, March 9, 2005, 6:00 p.m. Hearing Room 5.

Executive session. Corrected Notice.

Public hearings to be held on: HB 321, HB 222, HB 416, HB 604


HOUSE CALENDAR


THIRTY-FOURTH DAY, MONDAY, MARCH 7, 2005


HOUSE BILLS FOR SECOND READING


HB 701 through HB 718


HOUSE BILL FOR PERFECTION - APPROPRIATIONS


HCS HB 14 - Lager


HOUSE BILLS FOR PERFECTION


1          HCS HB 365 - Munzlinger

2          HB 100 - Cunningham (86)                            (3 hours debate on Perfection)

3          HCS HB 186 - Emery

4          HB 48 - Dougherty                                         (30 minutes debate on Perfection)

5          HCS#2 HB 94 & 185 - Cunningham (145)

6          HB 114 - Johnson (47)

7          HCS HB 119 - Jones

8          HCS HB 174 - Wood

9          HCS HB 215 - Pearce

10        HCS HB 348 - Pearce


HOUSE BILLS FOR PERFECTION - CONSENT


(3/01/05)


1          HCS HB 135 - Richard

2          HB 229 - Portwood

3          HB 230 - Portwood

4          HCS HB 379 - Cooper (120)


(3/02/05)


1          HB 40 - Tilley

2          HCS HB 56 - Threlkeld

3          HB 127 - Bivins


(3/03/05)


1          HCS HB 47 - Brown (30)

2          HCS HB 163, 213 & 216 - Smith (14)

3          HB 592 - Cooper (120)




(3/07/05)


1          HB 269 - Bruns

2          HB 361 - Lipke

3          HCS HB 580 - Byrd


HOUSE CONCURRENT RESOLUTIONS


1          HCR 11, (2-17-05, Pages 351-352) - Sander

2          HCR 4, (3-02-05, Pages 467-468) - Burnett

3          HCR 9, (2-17-05, Page 351) - Bivins

4          HCR 15, (3-03-05, Page 487) - Baker (123)


HOUSE RESOLUTION


HR 222, (2-17-05, Page 350) - Dixon